Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-08-05

WAS the only circumstance they had that
pointed directly To Baker
A. THE PERrErRAToR OF THAT CRIME
We come now 10 his story of
the three men. don remember il in de-
tail, but il is that when Mrs. Brown and
Mrs Swearingen came there Baker and his
wife were out in the orchard. And the
evidence confirms the story; there is no
controversy about it. Leaving Ralston
out of the case what does Thomas Gardiner
say; Reading from the sten1graphlc notes:
He SAYS, ! know the McWha property;
was about my house on Monday, May 9th
about two O'Clock ! went out 10 our stable
facing the McWha property; looked over
10 the orchard and | saw Baker and his
wife and one OF two other men in the Or
chard; can't say who they were but | am
certain they were In the orchard.
What do you do with that evidence? Is
Tom Gardiner Il liar? He il not Sam Raj
ston; he is their witness. Now remember,
il was not Davidson or Nelson or White
who rented the stable who were in the
orchard then. Who We're they then?
Tom Gardiner lies or Baker
tells the truth. The evidence then shows
| by unimpeached testimony that the story
is true Sam RalstOn is corrobOrated i'll
every particular by Thomas Gardener.
! Here Baker is uuquestionably corroborated
! by two witnesses in the material part of
| his story. Gentlemen Of the State would
! he afraid to hang Il man with that eVl-
denCe staring me in the face. More than
! that: RastOn saw the woman after the
rain; but they say Ralston is not to be be
! lieved. But Ralston told the same story
Immediately after the murder; the man
Gardiner confirms him. The little boy
Keaggie confirms his story. They say he
told contradictory stories; and they
brought only one reliable man TO contra
dict him. And how well did he do the
work He told the same story to that man
rs he did here He still adheres TO that
story: At five o'clock in the afternoon !
saw Mrs. Baker walking III that garden
back OF the McWha house.
THEY SPEAK OF THE YEAST.
Who put the paper over that yeast? When
Mrs Brown was there on Monday after
noon the yeast was uncovered; on Tuesday
1t was covered with newspaper. Those
women covered that yeast after Baker left
And then the lid was OIL the cistern; II
was OF To let in the rain; the women took
| it OF after Baker left. Another silent wit
ness, the big chickens; they were put up
| by some one, and who did 1t: Was II not
Mrs. Baker?
| Then il it not singular circumstance
| that men would come Ia work on the rail
road and leave on Tuesday, the day after
| the murder; they were seen skulkIuG about
the house; they ran out of the McWha or
chard; they l0itered susplcl0usly about the
railroad. Furthermore these papers were
found they bear every mark OF exposure.
! How came these papers under that fence
| / say tn you, gentlemen OF the jury, these
circumstances point ~ directly to those
men as any can point To Baker
The evidence shows directly that no one
man ever committed this crime Why Use
an axe and bolt? Why change weapons
! If Baker was similating this thing why
should he try to wash of the blood from
! the instruments? 1t won't do; there were
| at least two men there.
MR.. COOK, IN CONCLUSION, SAID:
Such, gentlemen OF the jury, is the
direct testimony offered by the defendant
in answer to thus ''stuh'' offered by the
! State sought to be dignlied by the name
of circumstantial evidence, and which in
my Judgment, must secure the acquIttal of
! the defendant. If, by your verdict, you
do erect sCalluld ior him. remember when
! the trap is sprung and the deep "ihud' -
/ heard as his body drops from the scatlold,
and his spirit sent into eternity, that the
! first contorti0u will bring Ia your rrmem-
/ hrancc the witness Thomas Gardner, who
positively swears that he saw Mr.. ami Mrs.
| Baker in company with others in the or.
chard at two O'clOrl; on the afternoon of
May 9th; that the second contortion
will bring to your remembrance
| the witness Samuel Ralstou, who
swears also that he saw Mi aud Mrs
Baker in the orchard at ; o'clock, and tur
ther, that he saw Mrs. Baker alive after
the defendant started Tor the train, aud ~
you hear the cries aud scream Nf the de
| lendant's little son, Don Cameron, rrmcm
bcr the little keaggic boy, oi his own age,
! who swraTS that he too saw Mrs. Baker at
the pump at Il o'clock on that fatal day.
Aud when the contOrtionS have ceased and
| prejudice has done its hclllSh work IN this
! judicial murder, remember that the law
requires that yuu should have been con-
| yncrd beyond Il reasonable doubt OF the
! defendants guilt before you should have
rendered such Il verdict. But, gentlemen,
| expect no such verdict. ! know your
intelligence and honesty of purpose, and
confidently expect that your verdict will
be in accordance with the evidence, "Not
guilty.
Court reasembled at one o'clock and
col. MOORE
begrn his address 10y Il beautiful poetic de-
scnption OF the place ot the murder and
the surrounding scenes.
How hard To realize that amid such
scenes Of peaceful serenity - motIvelesS
harharity could have been prrpetratcd IN
Christian land and Christian community.
Not unnnturally eager hands and eyes
were busy IN pursuit of the villain But II
iS common occurrence in connection with
murder that the angry blood of human pas
sion pOurS its rough tide upon the first OBJ
jeCt OF suspicion. Its extremely stupid, but
we question If he did not do this act, who
did do it. We are not here 10 show who did.
We are here Ia see if the state OF w. Va.
can show that this unhappy man did 1t
and his hands are red with the blood oi
his wife and mOther-iu-law. Naturally
THIS HORROR
begot this feeling it bcgot more, 1t begot
the frenzy that has no reason and the cal
umny that has no pity. 1t filled the pa
pers with lies that must have made the
towards " no uttered them tTemblr. They
tracked him with spies who made IT Their
business TO talk with him and try 10 en-
trap him They publish in glarlng head
lines the deeds OF the counsel for the State.
OF the defense. poor Cook they spell with
a little c. D0nahoe they ignore, and
barely recognize that there il a stalwart
BTaddOCk around.
propo,e now to examine this case IN the
light Of the law, the sum OF the wisdom
and knowledge of the age. Before ! do
that ! ought To add that this Jury WAS Sc
lectcd with uncommon rapIdIty, aud after
a seachng application Of every test known
to the law And of this most beautiful